Mr. Hatch (for himself,
Ms. Klobuchar, and
Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, with respect to
child pornography and child exploitation offenses.

1.

Short title

This Act may be cited as the
Protecting Children From Internet
Pornographers Act of 2011.

2.

Financial
facilitation of access to child pornography

(a)

Offense

Chapter
95 of title 18, United States Code, is amended by adding at the end the
following:

1960A.

Financial
facilitation of access to child pornography

(a)

Offense

Whoever knowingly conducts, or attempts or
conspires to conduct, a financial transaction (as defined in section 1956(c))
in or affecting interstate or foreign commerce, knowing that such transaction
will facilitate access to, or the possession of, child pornography (as defined
in section 2256) shall be fined under this title or imprisoned not more than 20
years, or both.

(b)

Applicability
of section

This section shall
not apply to a financial transaction conducted by a person in cooperation with,
or with the consent of, any Federal, State, or local law enforcement
agency.

.

(b)

Clerical
amendment

The table of
sections at the beginning of chapter 95 of title 18, United States Code, is
amended by adding at the end the following new item:

1960A. Financial facilitation of access to
child
pornography.

.

3.

Money laundering
predicate

Section
1956(c)(7)(D) of title 18, United States Code, is amended—

(1)

by inserting
1466A (relating to obscene visual representation of the abuse of
children), before section 1708;

(2)

by inserting 1960A (relating to
financial facilitation of access to child pornography), before
section 2113; and

Retention of
certain records by electronic communication service providers

(a)

In
general

Section 2703 of title
18, United States Code, is amended by adding at the end the following:

(h)

Retention of
certain records

A provider of
an electronic communication service or remote computing service shall retain
for a period of at least 18 months a log of the temporarily assigned network
addresses that the service provider assigns to each subscriber account, unless
that address is transmitted by radio communication (as defined in section 3 of
the Communications Act of
1934).

.

(b)

Sense of
Congress

It is the sense of
Congress that records retained pursuant to section 2703(h) of title 18, United
States Code, should be stored securely to protect customer privacy and prevent
against breaches of the records.

5.

No cause of
action against a provider disclosing information under this
chapter

Section 2703(e) of
title 18, United States Code, is amended by inserting retaining records
or after other specified persons for.

6.

Good faith
reliance on requirement

Section 2707(e)(1) of title 18, United
States Code, is amended by inserting , or the requirement to retain
records under section 2703(h), after section
2703(f).

7.

Subpoena
authority

Section 566(e)(1) of
title 28, United States Code, is amended—

(1)

in subparagraph
(A), by striking and at the end;

(2)

in subparagraph
(B), by striking the period at the end and inserting ; and;
and

(3)

by adding at the
end the following:

(C)

issue administrative subpoenas in
accordance with section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such section
3486).

.

8.

Protection of
child witnesses

Section 1514
of title 18, United States Code, is amended—

(1)

in subsection
(b)—

(A)

in paragraph
(1)—

(i)

by
inserting or its own motion, after attorney for the
Government,; and

(ii)

by
inserting or investigation after Federal criminal
case each place it appears;

In the case of a minor witness or
victim, the court shall issue a protective order prohibiting harassment or
intimidation of the minor victim or witness if the court finds evidence that
the conduct at issue is reasonably likely to adversely affect the willingness
of the minor witness or victim to testify or otherwise participate in the
Federal criminal case or investigation. Any hearing regarding a protective
order under this paragraph shall be conducted in accordance with paragraphs (1)
and (3), except that the court may issue an ex parte emergency protective order
in advance of a hearing if exigent circumstances are present. If such an ex
parte order is applied for or issued, the court shall hold a hearing not later
than 14 days after the date such order was applied for or is
issued.

;

(D)

in paragraph (4),
as so redesignated, by striking (and not by reference to the complaint
or other document); and

(E)

in paragraph (5),
as so redesignated, in the second sentence, by inserting before the period at
the end the following: , except that in the case of a minor victim or
witness, the court may order that such protective order expires on the later of
3 years after the date of issuance or the date of the eighteenth birthday of
that minor victim or witness; and

(2)

by striking
subsection (c) and inserting the following:

(c)

Whoever knowingly
and intentionally violates or attempts to violate an order issued under this
section shall be fined under this title, imprisoned not more than 5 years, or
both.

(d)(1)

As used in this
section—

(A)

the term course of
conduct means a series of acts over a period of time, however short,
indicating a continuity of purpose;

(B)

the term harassment means
a serious act or course of conduct directed at a specific person that—

(i)

causes substantial emotional
distress in such person; and

(ii)

serves no legitimate
purpose;

(C)

the term immediate family
member has the meaning given that term in section 115 and includes
grandchildren;

(D)

the term intimidation
means a serious act or course of conduct directed at a specific person
that—

(i)

causes fear or apprehension in such
person; and

(ii)

serves no legitimate
purpose;

(E)

the term restricted personal
information has the meaning give that term in section 119;

(F)

the term serious act
means a single act of threatening, retaliatory, harassing, or violent conduct
that is reasonably likely to influence the willingness of a victim or witness
to testify or participate in a Federal criminal case or investigation;
and

(G)

the term specific person
means a victim or witness in a Federal criminal case or investigation, and
includes an immediate family member of such a victim or witness.

(2)

For purposes of subparagraphs (B)(ii)
and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the
person, that the distribution or publication using the Internet of a photograph
of, or restricted personal information regarding, a specific person serves no
legitimate purpose, unless that use is authorized by that specific person, is
for news reporting purposes, is designed to locate that specific person (who
has been reported to law enforcement as a missing person), or is part of a
government-authorized effort to locate a fugitive or person of interest in a
criminal, antiterrorism, or national security
investigation.

.

9.

Sentencing
guidelines

Pursuant to its
authority under section 994 of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review and
amend the Federal sentencing guidelines and policy statements to ensure—

(1)

that the
guidelines provide an additional penalty increase of up to 8 offense levels, if
appropriate, above the sentence otherwise applicable in Part J of the
Guidelines Manual if the defendant was convicted of a violation of section 1591
of title 18, United States Code, or chapters 109A, 109B, 110 or 117 of title
18, United States Code; and

(2)

if the offense
described in paragraph (1) involved causing or threatening to cause physical
injury to a person under 18 years of age, in order to obstruct the
administration of justice, an additional penalty increase of up to 12 levels,
if appropriate, above the sentence otherwise applicable in Part J of the
Guidelines Manual.

Section 2252(b)(2) of title 18, United States Code, is
amended by inserting after but if the following: any
visual depiction involved in the offense involved a prepubescent minor or a
minor who had not attained 12 years of age, such person shall be fined under
this title and imprisoned for not more than 20 years, or if.

Section 2252A(b)(2) of title 18, United States Code,
is amended by inserting after but, if the following: any
image of child pornography involved in the offense involved a prepubescent
minor or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if.

11.

Administrative
subpoenas

(a)

In
General

Section 3486(a)(1) of title 18, United States Code, is
amended—

(1)

in subparagraph
(A)—

(A)

in clause (i), by
striking or at the end;

(B)

by redesignating
clause (ii) as clause (iii); and

(C)

by inserting after
clause (i) the following:

(ii)

an unregistered sex offender
conducted by the United States Marshals Service, the Director of the United
States Marshals Service; or

;
and

(2)

in subparagraph
(D)—

(A)

by striking
paragraph, the term and inserting the
following:

paragraph—

(i)

the
term

;

(B)

by striking the
period at the end and inserting ; and; and

(C)

by adding at the
end the following:

(ii)

the term sex offender
means an individual required to register under the Sex Offender Registration
and Notification Act (42 U.S.C. 16901 et
seq.).

.

(b)

Technical and
Conforming Amendments

Section 3486(a) of title 18, United States
Code, is amended—

(1)

in paragraph
(6)(A), by striking United State and inserting United
States;

(2)

in paragraph (9),
by striking (1)(A)(ii) and inserting (1)(A)(iii);
and